This PIL was dismissed as the Court accepted the Respondent's submission that cement loading activities had substantially reduced since July 2012, rendering the intervention unnecessary.
The Public Interest Litigation was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.72 OF 2009
Laboni Towers Co-op. Housing Society Ltd. .. Petitioner Vs The Hon'ble Minister for Railways Ministry of Railways and Others. .. Respondents
.. Respondents
None for the Petitioner.
Ms. Shaikh Iram Saba along with Shri T.S. Pandian for Respondents
CORAM : A.S. OKA & A.A. SAYED, JJ DATED : 25TH MARCH 2014
P.C.
representing the Respondents is present.
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“3. …..It is submitted that since there is stagnation of demands in Cements since July-2012, the activity of loading/unloading of Cement is reduced at present.”
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In Paragraph 4, the said Officer of the Railway stated thus:
“4. It is submitted that as stated above, the aforesaid Railway Goods Shed/yard is functioning since more than 50 years at Kirkee Railway Station whereas the Petitioners' Building came into existence around 2006-2007 and that too within the radius of 30 mtrs from the Railway Boundary as shown in the Rough Sketch. It is submitted that as per the extant orders/GR of Govt. of Maharashtra & as per the provisions of section 37, the town planning authorities shall insist NOC from the concerned Railways before granting permission for construction of any structure/building between the Railway Boundary and the distance of 30 mtrs from it. A copy of Order dt. 23-5-2003 issued by the Govt of Maharashtra in this respect is annexed hereto and marked as Exhibit-B. However, the fact remains that that was no such NOC obtained in the case of the Petitioners Building.”
loading and unloading operation carried out of cement bags. Apart from what is stated in Paragraph 4 of the said affidavit, now there is a statement on oath that the activities of loading and unloading of cement have been substantially reduced. Moreover, in Paragraph 7 of the reply, the Officer has stated thus:
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what is stated in the reply, it is not necessary to entertain this Public Interest Litigation. The Public Interest Litigation accordingly is rejected.
(A.A. SAYED, J) ( A.S. OKA, J )
2 issues framed by the court
Whether a PIL concerning dust pollution caused by cement loading and unloading at a railway station should be entertained.
Whether the petitioner is entitled to an injunction against railway operations or a direction to create a code of conduct.
Laboni Towers Co-op. Housing Society Ltd.
The Hon'ble Minister for Railways
A.S. OKA
A.A. SAYED
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
